Zent.com is a California corporation, located at [267 8th st, San Francisco, CA 94103]. Zent.com provides a service that matches users like you with Third Party Providers so that you can rent equipment, take lessons or otherwise engage in and enjoy activities like parachuting, mountain biking, skiing and the like.
For example, you can use the www.zent.com
These Terms of Service "the Agreement" or "these Terms" apply to your visit to and your use of our website, www.zent.com "the Website", the Service and the Application, as well as to all information, recommendations, products and/or services provided to you on or through the Website, the Service, the Application and/or our various Third Party Providers. Our Third Party Providers will supply their own agreements that pertain and relate to the specific Services that you contract for through Zent.com and which may have different terms, conditions and obligations from the Website. Zent.com is not a party to any Third Party Provider agreement and any such agreement is strictly between you and the Third Party Provider. Zent.com has no obligation to perform, indemnify or act in any way under any Third Party Agreement and you expressly agree that you will not hold Zent.com responsible or liable for any term, condition or obligation contained in any Third Party Agreement. As to your use of Zent.com's Website, Application and Service this Agreement controls to the extent any inconsistencies exist.
these Terms of Service are current as of March 1, 2016, but Zent.com reserves the right to modify and update the Terms of Service from time to time in Zent.com's sole discretion.
PLEASE READ THE AGREEMENT CAREFULLY!
By accessing and using www.zent.com
In other words, by using the Website, Application or Service, you are entering into a contract with Zent.com. To do so, you will first need to sign up with Zent.com by providing certain personal information. Upon successfully completing your sign-up with Zent.com, you will be provided with a personal account, which may be accessible for you with a password of your choice (in accordance with our password guidelines).
TO USE www.zent.com, THE SERVICE, THE WEBSITE OR THE APPLICATION YOU MUST BE 18 YEARS OF AGE OR OLDER. If you are not 18 years of age or older, you MUST NOT use the Website, Application or Service. Please note that some Third Party Providers may have different age requirements.
By signing up with www.zent.com
To access the Website, Service or Application, you must establish and account with Zent.com. As noted above, you are required to provide certain personal information to Zent.com in order to establish that account. Email and password is needed for signup.
You warrant that the information that you provide is accurate and complete. Zent.com is entitled at all times to verify the information you provide and to refuse you access to the Website, Service or Application without providing reasons.
You may only access the Service using authorized means. It is your responsibility to ensure that you (for example) have downloaded the correct Application for your device. Zent.com is not liable or responsible if you do not have a compatible device or if you download the wrong version of the Application for your device. Zent.com reserves the right to terminate the Service and the use of the Application should you attempt to use or use the Service or Application with an incompatible or unauthorized device.
Further, as always, message and data rates may apply when using the Website, Application and Service. If you have any questions or concerns about this, please contact your wireless or internet service provider.
By using the Website, Application or Service, you further agree to the following conditions: (1) you will only use the Website, Application and Service for your sole, personal use and will not resell it to a third party; (2) you will not authorize others to use your account; (3) you will not assign or otherwise transfer your account to any other person or legal entity; (4) you will not use an account that is subject to any rights of a person other than you without appropriate authorization; (5) you will not use the Website, Application or Service for any unlawful purpose; (6) you will not use the Website, Application or Service to impair or cause harm to the proper operation of a network; (7) you will not attempt to harm the Website, Application or Service in any way whatsoever; (8) you will not attempt to copy or distribute the Website, Application or Service without the written permission of Zent.com; (9) you will keep your account, contact and log-in information used to access the Website, Application and Service secure; (10) you will provide us with whatever proof of identity we may reasonably request; (11) you will not use the Website, Application or Service with incompatible or unauthorized devices; and, (12) you will comply with all the applicable laws from your home nation, state and or locality in which you are present when using the Website, Application or Service.
Subject to your compliance with the Agreement, Zent.com grants you a limited, non-exclusive, non-transferable license to view, download and print content obtained from the Website, Application or Service for your personal and non-commercial purposes and to view any content (including the Third Party Provider content) to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license grants.
Moreover, you may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display or perform, reproduce, transmit, stream, broadcast or otherwise exploit the content (including the Third Party Provider content) contained within or obtained from the Website, Application or Services except as expressly permitted in this Agreement. You may not reuse any content or information without first obtaining the written consent of Zent.com. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Zent.com or its licensors, except for the licenses and rights granted in this Agreement.
Zent.com may, in its sole discretion, permit users to post, upload, publish, submit or transmit content on the Website or through the Application or Service. Such content will be deemed non-confidential and non-proprietary. Accordingly, Zent.com shall have the non-exclusive, royalty-free, right to copy, distribute and disclose to third parties any content created by users for any purpose, in any medium and throughout the world ("License Grant"). You acknowledge that Zent.com acts as a passive conduit for such content and is not responsible or liable in any way to you or any third party for the content or accuracy of any such content. Zent.com shall not have any obligation to monitor or police such content. Without limiting the foregoing, you acknowledge and agree that any content, remarks, opinions, comments, suggestions or other information expressed or included in such content does not necessarily represent the views of Zent.com. Any use of such content is entirely at your own risk.
You represent and warrant that any content posted or transmitted by you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license a stipulated in this paragraph.
Further, you agree to indemnify and keep Zent.com, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Zent.com or its affiliated companies related to any user content posted or transmitted by you or your other use of the Website, Application or Service.
Zent.com reserves the right, in its sole discretion, to block or remove (in whole or in part) any content posted or transmitted by you that Zent.com believes is not in accordance with this Agreement (including materials that infringement or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Zent.com.
You agree to promptly notify Zent.com of any content posted or transmitted by you which breaches this Agreement. You agree to provide sufficient information to enable Zent.com to investigate such content breaches this Agreement.
Finally, Zent.com alone (and its licensors and Third Party Providers, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and Service and any suggestions, ideas, improvements, enhancements, requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or Service.
This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Website, the Application, the Service, any intellectual property rights owned by Zent.com or to your account. All names, logos, and product names associated with the Website, Application and Service are trademarks of Zent.com, its Third Party Providers or third parties and no right or license is granted to use them.
[LICENSED APPLICATION END USER LICENSE AGREEMENT]
The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor "Application Provider" reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the "Licensed Application."
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
The use of the Website and Application is free of charge. Zent.com reserves the right to introduce fees for the use of the Website and Application. If Zent.com introduces such a fee, Zent.com will inform you accordingly and allow you to either continue to use the Website and Application or terminate the Agreement.
Zent.com does charge you for the Services you request and use through the Third Party Providers. You agree that you will pay for all Services you purchase through Zent.com and that Zent.com may charge your credit card account or other means of payment, as provided by you, either when registering with Zent.com or at the time you purchase a Service through Zent.com in conjunction with a Third Party Provider.
Moreover, you agree to be responsible for any taxes, late fees, deposits or additional fees that may be accrued or required in connection with your account or in connection with any purchase of a Service from a Third Party Provider.
You are responsible for the timely payment of all fees and for providing Zent.com with a valid credit card account for the payment of all fees at all times. Payments made to Zent.com are non-refundable.
You agree that Zent.com may use a third-party payment processor (the "Payment Processor") to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Website, Application or Service will be subject to the additional terms, conditions and privacy policies of the Payment Processor.
During your use of the Website, the Application and/or the Service, links to websites that are owned or controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off of the Website, the Application and the Service and are beyond the control of Zent.com.
During use of the Website, the Application and/or the Service you may enter into correspondence with, purchase goods and/or services from third parties. These third parties will likely have their own separate terms and conditions as well as privacy policies. Zent.com is not responsible and you agree cannot be held liable for the content and activities of these websites. You therefore agree to visit or access these websites entirely at your own risk.
The information, recommendations and/or services provided to you through the Website, the Service and the Application is for information purposes only and does not constitute advice. Zent.com will reasonably keep the Website and the Application and its contents correct and up to date but does not warrant or guarantee that the Website and/or Application are free of errors, defects, malware and/or viruses or that the Website and/or Application are correct, up to date and accurate.
Zent.com shall not be liable for any damages resulting from the use of the Website, Application or Service, including damages caused by malware, viruses or any incorrect or incomplete information, unless such damage is the result of any willful misconduct or from gross negligence on the part of Zent.com.
Zent.com shall further not be liable for damages resulting from the use (or the inability to use) electronic means of communication with the Website or the Application including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic information by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Zent.com's aggregate liability shall in no event exceed an amount of five-hundred dollars.
ZENT.COM DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THIRD PARTY PRODUCTS AND SERVICES.
Activities such as parachuting, mountain biking, skiing and the like are potentially life-threatening, injurious and dangerous activities that carry a certain amount of inherent risk to those who pursue them and potentially to others.
Zent.com does not provide the equipment to pursue these activities, possesses no particular expertise in these activities and provides no training in these activities - these are provided (or not as the case may be) by Third Party Providers. Zent.com simply matches Third Party Providers with users like you, who are interested in their products and/or services.
Further, Zent.com does not and cannot monitor the quality, repair, condition, usage, training and safety of the products, equipment and/or services provided by the Third Party Providers. Accordingly, you agree that Zent.com is not responsible for any death, disability, injury, loss or damage of any kind relating to or arising out of user's use of any Third Party Provider product, equipment or service.
By accepting this Agreement and using the Website, Application or Service, you agree that you shall defend, indemnify and hold Zent.com, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with your violation or breach of any term of this Agreement or any applicable law or regulation (whether or not referenced herein), your violation of any rights of any Third Party or your use or misuse of the Website, Application or Service.
Zent.com requires that rented items will be returned to it in its original condition. If you return your rental items late or do not return them at all, a late fee of $25 per day (per order) will be charged to the credit card you used on your account. You will be charged up to 150% of the retail value of the products you ordered, plus applicable sales tax (if you still have the product at your position at that time- it's yours to keep). If you have not returned a rental item within 20 days after the return date, your late return will be considered a non-return and you will be charged maximum late fee, less any fees, plus applicable sales tax that you have already paid. The late fee is in addition to the rental fee for the products.
The Agreement between Zent.com and you continue indefinitely until either Zent.com or you terminate the Agreement.
You are entitled to terminate at any time by the permanent deletion of your account with Zent.com. [by sending email to email@example.com]
Zent.com is also entitled to terminate the Agreement at any time and with immediate effect by disabling your use of the Website, Application or Service if you: (a) violate or breach the Agreement; or, (b) misuse the Application (in Zent.com's sole discretion to determine. Zent.com is not obligated to give notice of the termination of the Agreement in advance.
Further, Zent.com also reserves the rights to terminate Third Party Providers pursuant to the terms and conditions applicable to individual Third Party Providers, and likewise Third Party Providers may terminate their relationship with Zent.com pursuant to those same agreements. Zent.com is not obligated to give notice of the termination of Third Party Providers in advance and may not be able to provide advance notice if a Third Party Provider terminates its relationship with Zent.com. If you have questions or concerns about a specific Third Party Provider, please direct inquiries to Zent.com's customer service or the Third Party Provider directly.
The Agreement and your use of the Service, including, but not limited to the Website and/or the Application will be governed by and construed in accordance with the laws of the State of California. Further, in the event of any matter or dispute arising out of or in connection with this Agreement, you and Zent.com agree to submit to the exclusive jurisdiction of the state and federal courts in the State of California.
Your use of the products and/or services provided by Third Party partners are covered by your agreements with the Third Party partners, and accordingly may be subject to separate conditions with respect to applicable law and venue.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in full effect.
Zent.com reserves the rights, at its sole discretion, to modify or replace any of the terms and conditions of this Agreement, or change, suspend, or discontinue the Service or Application or change, suspend or discontinue offering the services of any Third Party Provider. This includes, but is not limited to, modifying the Website or Application, posting a notice on the Website or by sending you notice through the Application or Service or via email or some other form of communication. Zent.com may also impose limits on certain features and services or restrict access to parts or all of the Website, Application or Service without notice or liability.
You may not assign your account with Zent.com, or your rights under this Agreement to any other person without the prior written approval of Zent.com.